HomeMy WebLinkAbout11.19.2013 MinutesBOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
November 19, 2013
INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Callaham offered the Invocation followed by the Pledge of Allegiance to
the Flag by the full assemblage.
CALL TO ORDER
President Terry L. Baker called the regular meeting of the Board of County
Commissioners of Washington County, Maryland to order at 9:40 a.m. in the County
Administration Building located at 100 West Washington Street, Room 227, Hagerstown,
with the following members present: Commissioners Ruth Anne Callaham and William B.
McKinley. Commissioners John F. Barr and Jeffrey A. Cline were absent.
APPROVAL OF MINUTES — NOVEMBER 5, 2013
Commissioner Callaham, seconded by McKinley, moved to approve the minutes of
November 5, 2013. The motion passed unanimously.
COMMISSIONERS' REPORTS AND COMMENTS
Commissioner Callaham reported attending the Marine Corps Ball and the placing of
memorial wreaths at the County Courthouse over the Veterans Day weekend. She also
attended a Veterans Day event at Northern Middle School with her husband, Art, a
Vietnam war veteran.
Commissioner McKinley attended the People's Choice Awards at St. James School with
several Commissioners and congratulated the award recipients. He enjoyed the Maryland
Symphony Orchestra's strings concert and the Veterans Day ceremony at Clear Spring
High School. Mr. McKinley visited the Washington County Arts Council's new location
on South Potomac Street before its grand opening. He commended the students of
instructor Martin Neikirk for the recent presentation he attended of the virtual high school
concept. Commissioner McKinley recognized the County's private schools for their
importance in the community.
Commissioner Baker was present at the Washington County Technical High School's
Open House attended by more than 400 prospective students and parents. He discussed the
Recreation and Parks Advisory Board meeting and the successful programs sponsored by
the Recreation Department. Mr. Baker attended the monthly Economic Development
Commission Board meeting. He enjoyed the Marine Corps Ball at Hager Hall and
described the presentation by the speaker imprisoned during the Vietnam War with Senator
John McCain.
November 19, 2013
Page 2
OTHER BUSINESS
County Clerk — Appointments to Boards and Commissions
Washinaton Countv Economic Development Commission
Commissioner McKinley, seconded by Callaham, moved to appoint Wade Watson as an
at -large representative on the Economic Development Commission to serve an unfulfilled
term through June 30, 2014. The motion passed unanimously.
REPORTS FROM COUNTY STAFF
Health and Human Services
Stephanie Stone, Director, Health and Human Services, requested approval to advertise
and hire for the following budgeted, full-time positions: Two Grade 8, Emergency
Communications Specialist Call Takers at the Emergency Communications Center, and
One Grade 6, Motor Equipment Operator I, Highway Department.
Commissioner Callaham, seconded by McKinley, moved to advertise and fill all positions
as presented. The motion passed unanimously.
Division of Environmental Management — Scrap Tire Amnestv Dav_
Tony Drury, Recycling Coordinator, Environmental Management, reported on the State-
sponsored tire -recycling event held this past weekend where 3038 tires were collected for
recycling. He indicated that the last such event was held in 2009 and that all related
expenses are paid for by the State. The tires will be shred and used for playground mulch
and highway paving as applicable.
PUBLIC HEARING — SOLID WASTE MANAGEMENT AND RECYCLING PLAN
President Terry L. Baker convened a public hearing at 10:00 a.m. to obtain public
comment on amendments to the Solid Waste Management and Recycling Plan (Plan) for
Washington County. Stephen Goodrich, Director, Planning and Zoning, indicated that the
Plan, required by State law, documents the County's current practices and general plans for
the future. He advised that the proposed amendments relate to the County's current plans
to form a public/private partnership to modify the treatment of solid waste at the landfill
and eventually produce refuse -derived and synthetic fuels at a waste to renewable energy
facility. The Plan, adopted in 2011, contains general references, but references that are
more specific are necessary to facilitate the State permitting process. Additional proposed
amendments address new legislation that requires apartment buildings and condominiums
with ten or more units to provide recycling opportunities for residents, and include updates
regarding certain population and zoning information. There is no fiscal impact involving
the amendments.
The public hearing was opened for public comment. There was no one present who wished
to comment.
The meeting was opened for questions from the Commissioners. Commissioner McKinley
asked for clarification of how the amendments conformed with the pending recycling
waste to energy program.
November 19, 2013
Page 3
The public hearing was closed at 10:10 a.m.
Commissioner McKinley, seconded by Callaham, moved to approve the amendments to
the Solid Waste Management and Recycling Plan as presented and approve its submission
to the Maryland Department of the Environment. The motion passed unanimously. (3-0,
Commissioners Barr and Cline were absent.)
CONTRACT AWARD — EASTERN BOULEVARD WIDENING PHASE II GRANT
Karen Luther, Purchasing Director, and Rob Slocum, Director, Engineering and
Construction Management, presented a proposal to accept a federal grant for an amount not
to exceed $355,680, and award the engineering services contract for the design of Eastern
Boulevard Widening Phase II to the responsive, responsible firm, A. Morton Thomas and
Associates, Inc. of Rockville, Maryland, for a total lump sum fee of $445,000. Mr. Slocum
described the project that involves widening Eastern Boulevard from a two-lane open
roadway to a four -lane divided roadway from Security Road to Antietam Drive. He stated
that the project designer would also work with CSX regarding future improvements
planned at the local railroad crossing and other "tie-ins" through FY 2018. The
Commissioners discussed the proposal.
Commissioner Callaham, seconded by McKinley, moved to accept a federal grant for an
amount not to exceed $355,680, and award the engineering services contract for the design
of Eastern Boulevard Widening Phase II as presented. The motion passed unanimously.
(3-0, Commissioners Barr and Cline were absent.)
EASEMENT ACOUISITION —19804 MILLBROOK ROAD
Joe Kuhna, Real Property Administrator, requested approval of an option agreement for a
real property easement acquisition at 19804 Millbrook Road, Keedysville, for $5,500 for
road drainage and property improvements concerning the replacement of an outdated and
non-functioning drainage system. Mr. Kuhna indicated that easements are necessary on
two properties; this one and one owned by the Department of Natural Resources. He
advised that a majority of the work would be performed in Spring 2014. Funds for the
purchase are available in the Highway Department's Capital Improvement Program.
Commissioner McKinley, seconded by Callaham, moved to approve the option agreement
for real property easement acquisition at 19804 Millbrook Road, Keedysville, for the
purpose stated, adoption of an ordinance approving said easement purchase, and
authorization to execute the necessary documentation to finalize the easement acquisition
as presented. The motion passed unanimously. (Ordinance No. ORD -2013-32 is located in
the County Commissioners' Office.) (3-0, Commissioners Barr and Cline were absent.)
BID AWARD — SWIMMING POOL AND WATER/WASTEWATER TREATMENT
CHEMICALS
Rick Curry, Buyer, Purchasing Department, recommended awarding bids for
water/wastewater treatment chemicals (PUR-1235) to the responsive, responsible bidders
with the lowest bids. He indicated that all vendors have provided proof of good standing
November 19, 2013
Page 4
from the Maryland Department of Assessments and Taxation. Mr. Curry recommended the
following bid awards as specified: Item #8 — Sodium Hypochlorite (12,000 gals.) to
Univar USA, Inc. at the unit price of $1.19 (Gallon Bulk); Item #12 — Sodium
Hypochlorite (105 drums) to Univar USA, Inc., at the unit price of $1.79/gal. (55 -gal.
drums); Item # 13 — Granular Activated Carbon (5,600 lbs.) to George S. Coyne Chemical
Co., Inc. at the unit price of $3.5978/lb. (50 lb. bag); Item #15 — Liquid Aluminum Sulfate
Alum (30 drums) to Univar USA, Inc. at the unit price of $2.79/gal. (55 gal. drums); Item
#16 — Chlorine Gas (33 cylinders) to JCI Jones Chemicals, Inc. at the unit price of $85
(150 lb. cylinder); Item #17 — Caustic Soda (Sodium Hydroxide) (325 drums) to Brenntag
Northeast, Inc. at the unit price of $2.085 (55 gal. drums); Item #18 — Ferrous Chloride
Solution (14,000 bulk gals.) to Gulbrandsen Technologies, Inc. at the unit price of $0.6942
(bulk gal.); Item #19a — Hydrofluosilic Acid (H2SiF6) (15 gal. pail) to Univar USA, Inc. at
the unit price of $9.15/gal. (15 gal. pail); Item #19b — Hydrofluosilic Acid (H2SiF6) (55
gal. drum) to Univar USA, Inc. at the unit price of $6.51/gal. (55 gal. drum); Item #20 —
Granular Calcium Hypochlorite (60 containers) to George S. Coyne at the unit price of
$1.2375/lb. (100-1b. containers); Item #21 - Sulfur Dioxide Gas (25 cylinders) to Univar
USA, Inc. at the unit price of $109 (150-1b. cylinder); Item #22 — DeIPAC 2000 (423,000
lbs.) to Univar USA, Inc. at the unit price of $0.123/lb.; Item #24 — Sodium Hypochlorite
(47 drums) to Univar USA, Inc. at the unit price of $1.79/gal. (55 -gal. drums); Item #25 —
Cyanuric Acid (100-200 lbs.) to Amato Industries, Inc./Amchlor at the unit price of
$1.30/lb.; Item #26 — Calcium Chloride (500-600 lbs.) to Amato Industries, Inc./Amchlor,
at the unit price of $0.50/lb.; Item #27 — Muratic Acid (15-30 lbs.) to Amato Industries,
Inc./Amchlor at the unit price of $7.50/lb.; Item #29 — De1PAC 2020 (40 drums —
Winebrenner WwTP) to Univar USA, Inc. at the unit price of $3.98 (55 -gal. drums); and
Item #35 — Bacterial Enzymatic Powder (1,500 pounds) to MTEK, Inc. at the unit price of
$11.83/lb. (50 lb. bags). The contract term is for one year with no renewals, tentatively
beginning December 1, 2013.
Commissioner Callaham, seconded by McKinley, moved to award the bids for
water/wastewater treatment chemicals to the responsive, responsible bidders with the
lowest bids as specified in the Commissioners' Meeting Agenda packet and as presented.
The motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.)
CITIZENS' PARTICIPATION
Phil Physioc, 20241 Beaver Creek Road, Hagerstown, commented on the possibility of
gaining access to property in the Mt. Aetna area.
MARYLAND AVIATION ADMINISTRATION GRANT OFFER
Phil Ridenour, Director, Hagerstown Regional Airport (HGR), recommended acceptance
of a $37,497 grant from the Maryland Aviation Administration (MAA) toward the
purchase price of a 2013 3/4 ton pickup truck with plow and ancillary equipment for use at
HGR. Mr. Ridenour indicated that the MAA would provide 75% ($37,497) and the County
25% ($12,498) toward the $49,995 purchase price. The current 1992 vehicle has exceeded
its useful life. Funds for the County's share of the purchase are contained in the HGR
Capital Improvement Program budget.
November 19, 2013
Page 5
Commissioner McKinley, seconded by Callaham, moved to accept the $37,497 grant offer
from the Maryland Aviation Administration as presented. The motion passed unanimously.
(3-0, Commissioners Barr and Cline were absent.)
SMITHSBURG WASTEWATER TREATMENT PLANT NITRIFICATION
ENHANCEMENT
Julie Pippel, Director, and Mark Bradshaw, Deputy Director, Environmental Management,
recommended approval of Change Order #1 for $253,827.92 to Callas Contractors, Inc. for
the Smithsburg Wastewater Treatment Plant BioMag Upgrade Project. Mr. Bradshaw
indicated that during the Maryland Department of the Environment (MDE) permitting
process, it was determined that the project was a plant upgrade, which required additional
aeration equipment and work by the contractor to maintain the plant design. The
Commissioners discussed the MDE determination and its effect on capacity at the
Smithsburg Plant, which would be downgraded from a 0.333 million gallons per day
(MGD) facility to a 0.27 MGD facility without the additional work.
Commissioner McKinley, seconded by Callaham, moved to approve Change Order #1 for
the Smithsburg Wastewater Treatment Plant Bio Mag Upgrade Project as presented. The
motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.)
PNC INSTITUTIONAL INVESTMENTS RELATIONSHIP REVIEW
Christopher Little, Director, PNC Capital Advisors, and Lisa Locher, Senior Client
Advisor, PNC Institutional Investments, discussed the County's investments involving its
Defined Retirement/Pension Plan, Length of Service Awards Program, and Other Post
Employment Benefits Program. The report included an economic and market review,
portfolio review, portfolio characteristics, and outlook and recommendations. The
Commissioners discussed the positive report and thanked the individuals for the
presentation.
Countv Administrator
Contract with America First
County Administrator Gregory Murray referred to the August 6, 2013 presentation to the
Board of County Commissioners by America First and the approval given that day by the
Board to move forward with Phase I of a waste to energy project at the County's Forty
West Landfill. He discussed the benefits of the recycling program to take in all waste at the
landfill and turn it into recycling materials, and to use the leftover materials to create a
usable source of fuel for a renewable energy process, for which there is a large market. Mr.
Murray described the proposed contract negotiated by County staff that will require the
facility to be completed and functional by August 2015. He referenced two recent contract
changes proposed by the County that were reviewed by the County's bond counsel and an
environmental attorney: 1) the County's request that the previously proposed 30 -year
contract be reduced to a 20 -year contract with 5 -year renewals subsequent to the initial
contract term; and 2) that the guaranteed 170 tons per day minimum waste materials
include the mining of the Landfill, if necessary, to provide additional waste materials
November 19, 2013
Page 6
toward the minimal amount that will be used to make up the difference in the event of a
shortfall. The County has no monetary investment and would derive 40% of the profits
from Phase I, and 30% of the profits from Phase II. The Commissioners discussed the
project in detail as well as the most recent contract changes.
Commissioner Callaham, seconded by McKinley, moved to approve the terms of the
proposed solid waste to energy project with America First (i.e., Green Kinetics Gateway,
LLC) and to approve the proposed agreement, including authorizing the President to
execute the agreement as presented, continent upon final legal review, and to move
forward with filing permits with the Maryland Department of the Environment. The
motion passed unanimously. (3-0, Commissioners Cline and Barr were absent.)
CONVENE IN CLOSED SESSION
Commissioner Callaham, seconded by McKinley, moved to convene in closed session at
11:47 a.m. to discuss the appointment, employment, assignment, promotion, discipline,
demotion, compensation, removal, resignation, and/or performance evaluation of
appointees, employees, or officials over whom this public body had jurisdiction; to discuss
other personnel matters that affect one or more specific individuals; and to consult with
counsel to obtain legal advice on a legal matter, in accordance with Section 10-508(a) (1)
and (7) of the State Government Article of the Annotated Code of Maryland. The motion
passed unanimously. (3-0, Commissioners Barr and Cline were absent.)
In closed session, the Commissioners discussed the potential appointment and
reappointment of several individuals to corporation boards over which the Commissioners
have appointment authority; discussed the performance and employment status of several
County employees; and discussed the status of potential litigation with legal counsel and
staff.
During closed session, the Commissioners instructed staff to bring forth the potential
appointment and potential reappointment for further consideration and discussion during
the afternoon open session meeting; and provided specific direction to County staff
regarding the employment status of several County employees.
Present during closed session were Commissioners Terry L. Baker, Ruth Anne Callaham,
and William B. McKinley. Also present were Gregory Murray, County Administrator;
Vicki Lumm, County Clerk; John M. Martirano, County Attorney; and at various times
Dori Nipps, Executive Director, PenMar Development Corporation; Jim Sterling, Director,
Parks and Facilities; Stephanie Stone, Director, Health and Human Services; Alan
Crawford, Deputy Director of Operations, Emergency Communications; Kevin Lewis,
Director, Emergency Services; and Julie Pippel, Director, Environmental Management.
RECONVENE IN OPEN SESSION
Commissioner McKinley, seconded by Callaham, moved to reconvene in open session at
12:49 p.m. The motion passed unanimously.
November 19, 2013
Page 7
RECESS
The Commissioners recessed at 12:49 a.m.
AFTERNOON SESSION
President Terry L. Baker called the afternoon session to order at 2:08 p.m. with the
following members present: Commissioners Ruth Anne Callaham and William B.
McKinley.
PRESENTATION OF THE JUNE 30, 2013 AUDITED FINANCIAL STATEMENTS
Debra Murray, Budget and Finance Director, and William Seymour, CPA, SB &
Company, LLC, presented findings from the audited financial statements of the County's
budget year ending June 30, 2013. Mr. Seymour indicated that the opinion was
unmodified, or "clean," and that the County has conformed to accounting practices
generally accepted in the United States. The Commissioners discussed the report and
commended the Budget and Finance Department Finance Director and staff for the work
they perform.
OTHER BUSINESS
Countv Clerk — Annointments to Boards and Commissions
PenMar Development Comoration
Commissioner Callaham, seconded by McKinley, moved to appoint Scott Bowen to serve
an unfulfilled term on the PenMar Development Corporation through June 30, 2016. The
motion passed unanimously. (3-0, Commissioners Barr and Cline were absent.)
Public Golf Corporation Board
Commissioner McKinley, seconded by Callaham, moved to reappoint Dennis Swope to
serve a second, three-year term on the Public Golf Corporation Board through November
30, 2016. The motion passed unanimously. (3-0, Commissioners Barr and Cline were
absent.)
YOUTH MERITORIOUS AWARDS — NOVEMBER 2013
The Commissioners presented certificates of merit to the following students selected by the
Washington County Community Partnership for Children and Families (WCCP) to receive
November 2013 Youth Meritorious Awards: Madlyn McDonough of Clear Spring Middle
School, and Joseph Gross of Springfield Middle School. Each student received a
Washington County lapel pin from the Commissioners and a $100 Staples gift card from
the WCCP. The Commissioners commended the students and their families for their
accomplishments.
ADJOURNMENT
Commissioner Callaham, seconded by McKinley, moved to adjourn at 2:36 p.m. The
motion passed unanimously.
November 19, 2013
Page 8
Gregory B Murray, Co
y Administrator
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John . Martirano, County
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Vicki C. Lumm, County Clerk
BOARD OF COUNTY COMMISSIONERS OF
WASHINGTON COUNTY
Hagerstown, Maryland
November 19, 2013
JOINT PUBLIC HEARING — EMERALD POINTE PUD FINAL DEVELOPMENT
PLAN AMENDMENT (RZ-13-005)
President Terry L. Baker convened a second joint public hearing of the Board of County
Commissioners of Washington County, Maryland and the Washington County Planning
Commission at 7:05 p.m. in Courtroom #1 of the Washington County Courthouse, 95 West
Washington Street, Hagerstown, to hear testimony regarding the Emerald Pointe Planned
Unit Development (PUD) Final Development Plan Amendment (RZ-13-005). The first
public hearing was held on October 1, 2013 at 3:00 p.m. in the County Administration
Building. The property is owned by Emerald Pointe, Inc. and located on the east side of the
Marsh Pike and the south side of Longmeadow Road in Election District 18. The
Applicant, Fox & Associates, Inc., is requesting to modify the previously -approved PUD
by 1) eliminating the 9,000 square foot commercial building from the interior area of the
development; 2) expanding the community center to include additional amenities for the
residents of Emerald Pointe and the surrounding community; 3) building a new
commercial area (in lieu of the interior commercial area) at the corner of Marsh Pike and
Maryland Route 60 to replace the previously planned/approved Retirement Living Center;
and 4) revising phase lines to reflect existing recorded plats and approved preliminary
plats.
In attendance were President Terry L. Baker and Commissioners Ruth Anne Callaham,
Jeffrey A. Cline, and William B. McKinley. Vice President John F. Barr was absent.
Planning Commission members present were Chair Terry Reiber, Andrew Bowen, Clint
Wiley, Sassan Shaool, and Dennis Reeder. County staff members present were Greg
Murray, County Administrator; Vicki Lumm, County Clerk; John Martirano, County
Attorney; Kirk C. Downey, Deputy County Attorney; Lisa Kelly, Senior Planner, and
Stephen Goodrich, Director, Planning and Zoning.
President Baker reviewed the procedures for the Joint Public Hearing and County Clerk
Vicki Lumm administered the oath to those planning to give testimony. Senior Planner
Lisa Kelly presented the Staff Report dated October 1, 2013 on behalf of the Washington
County Department of Planning and Zoning.
Jason Divelbiss, attorney for the developer, presented the proposed amendment and offered
five exhibits into evidence. Planning Commission members Clint Wiley, Terry Reiber, and
Sassan Shaool posed questions to Mr. Divelbiss.
Thirty-two speakers provided testimony and some offered exhibits. Twenty-two testified
against the proposal, and ten spoke in favor. There were no questions or comments offered
by the County Commissioners or Planning Commission members.
Joint Public Hearing
November 19, 2013
Page 2
Developer Paul N. Crampton, Jr. and Mr. Divelbiss provided rebuttal.
Commissioner Baker closed the record for the matter and adjourned the joint public
hearing at 10:15 p.m.
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Gregory B. 4urray, Coin Administrator
John M. artirano, County Attorney
Vicki C. Lumm, County Clerk